The Holiday Talk

Brad Smith • Oct 26, 2020

The holiday season is right around the corner! With the family gathered, conversations about the future may arise. Your Estate Plan is something that may not be a topic that is easy to discuss with your loved ones, but these types of conversations are very necessary.

Often, estate planning mistakes arise from a simple lack of communication between family members. This can lead to misunderstandings about your wishes and can ultimately create disagreements between family members. For these reasons, it is increasingly important to discuss your wishes with your family so that your care and your estate won’t be handled in a way that you disagree with.

Empowering Family Members

You may choose to appoint specific family members to be responsible for making certain decisions on your behalf if you become unable to speak for yourself. These family members, or friends, in some cases, are referred to as the “Agents” or “Attorneys-in-Fact” in your Power of Attorney documents.


Your appointed agent will be responsible for making critically important choices regarding healthcare and financial decisions. It is important to delegate these responsibilities in a way that matches each family member’s particular strengths. For example, one family member may keep a cool head in stressful situations while another has a great grasp of financial matters. It is also important that the person you designate to be your voice knows of your decision to appoint him or her and that he or she agrees to take on this role. Being an Attorney-in-Fact is potentially stressful and time-consuming, so a conversation about what challenges and concerns your loved ones are currently facing can help determine your decision.


In addition to selecting the right agent, it is also a good idea to review your full
Estate Plan with your family members. A discussion of this sort may help you determine the best strategy for distributing your assets to your loved ones. For example, did you know that if a family member is receiving certain disability benefits, an outright inheritance might actually jeopardize these benefits? Gathering this information can help your Elder Law attorney formulate an Estate Plan that best protects all of your loved ones. 

Benefits of the Talk 

If your family knows exactly what to do if a certain circumstance was to arise, such knowledge can alleviate their anxiety and confusion when they are called upon to carry out your wishes. Although Long-Term Care and Estate Planning are difficult subjects for many people to discuss, these types of conversations create an opportunity to get your loved ones on the same page about your wishes for the future – both before and after your passing. By involving your family in the planning process, you can ensure that your family values and traditions are passed on to future generations.

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If you need help with estate planning or any other legal concerns, we are here for you. Don't hesitate to contact our firm directly for assistance. Our dedicated team is ready to provide support and guidance to you and your loved ones during important life transitions.


Whether you're ready to schedule a strategy session to discuss your specific needs or if you're interested in exploring our wide range of complimentary guides and additional resources, we encourage you to get in touch with us.


With licensed attorneys and offices located in both Illinois and Missouri, we are well-equipped to serve clients in these regions. Reach out to us today and let us leverage our expertise and care to guide you through the legal process.

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